Conditions of Carriage

ARTICLE 1 – DEFINITIONS

1.1 “AGENT”
means, except when the context otherwise requires, any person who has authority,
express or implied, to act for or on behalf of Carrier in relation to the
carriage of cargo.

1.2 “AIR WAYBILL” means the document
entitled “Air Waybill” made out by or on behalf of the shipper which evidences
the contract between the shipper and Carrier for carriage of cargo over routes
of Carrier.

1.3 “APPLICABLE CONVENTION” means, unless
the context requires otherwise, whichever of the following instruments is
applicable to the contract of carriage:

1.3.1 The Convention for the Unification of Certain Rules Relating to
International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter
referred to as the Warsaw Convention;

1.3.2 The Warsaw Convention as amended at The Hague on 28 September
1955;

1.3.3 The Warsaw Convention as amended by Additional Protocol No 1 of
Montreal 1975;

1.3.4 The Warsaw Convention as amended at The Hague 1955 and by Additional
Protocol No 2 of Montreal 1975;

1.3.5 The Warsaw Convention as amended at The Hague 1955 and by Protocol No
4 of Montreal 1975;

1.3.6 The Montreal Convention of 1999.

1.4 “CARGO” (which is equivalent to the term “goods”) means anything carried or to
be carried in an aircraft except mail or baggage carried under a passenger
ticket and baggage check, but including baggage moving under an air waybill or
shipment record.

1.5 “CARRIAGE” (which is equivalent to
the term “transportation”) means carriage of cargo by air or by another means of
transport, whether gratuitously or for reward.

1.6
“CARRIER” includes the air carrier issuing the air waybill or preserving the
shipment record and all carriers that carry or undertake to carry the cargo or
to perform any other services related to such air
carriage.

1.7 “CHARGES COLLECT” means the charges
entered on the air waybill or shipment record for collection from the consignee
against delivery of the shipment.

1.8 “CONSIGNEE” means
the person whose name appears on the air waybill or shipment record as the party
to whom the shipment is to be delivered by Carrier.

1.9
“DAYS” means full calendar days, including Sundays and legal holidays; provided
that for purposes of notification the balance of the day upon which the notice
is despatched shall not be counted.

1.10 “DELIVERY
SERVICE” means the surface carriage of inbound shipments from the airport of
destination to the address of the consignee or that of his designated agent or
to the custody of the appropriate government agency when required, including any
incidental surface carriage between airports.

1.11 “PICK
UP SERVICE” means the surface carriage of outbound shipments from the point of
pick-up at the address of the shipper or that of his designated agent to the
airport of departure, including any incidental surface carriage between
airports.

1.12 “SHIPMENT” (which is equivalent to the
term “consignment”) means, except as otherwise provided herein, one or more
packages, pieces or bundles of cargo accepted by Carrier from one shipper at one
time and at one address, receipted for in one lot and under a single air waybill
or a single shipment record, for carriage to one consignee at one destination
address.

1.13 “SHIPMENT RECORD” means any record of the
contract of carriage preserved by Carrier, evidenced by means other than an air
waybill.

1.14 “SHIPPER” (which is equivalent to the term
“consignor”) means the person whose name appears on the air waybill or shipment
record as the party contracting with Carrier for the carriage of
cargo.

1.15 “SPECIAL DRAWING RIGHT” means a Special
Drawing Right as defined by the International Monetary Fund.

ARTICLE 2 - APPLICABILITY

2.1 GENERALThese Conditions
shall apply to all carriage of cargo, including all services incidental thereto,
performed by or on behalf of Carrier, provided that if such carriage is
“international carriage” as defined in the applicable Convention (see Article
1.3) such carriage shall be subject to the provisions of the applicable
Convention and to these Conditions to the extent that these Conditions are not
inconsistent with the provisions of such Convention.

2.2
APPLICABLE LAWS AND CARRIER’S TARIFFSTo the extent not in conflict
with Article 2.1 all carriage and other services performed by Carrier are
subject to:

2.2.1 Applicable laws (including national laws implementing a
Convention or extending the rules of the applicable Convention to carriage which
is not “international carriage” as defined in the applicable Convention) and
government regulations, orders and requirements;

2.2.3 These Conditions
and other applicable tariffs, rules, regulations and timetables (but not the
times of departure and arrival therein specified) of Carrier, which may be
inspected at any of its offices and at airports from which it operates regular
services.2.3 APPLICATION TO USA AND CANADAThese
Conditions do not apply to carriage between places in the United States or in
Canada or between a place in the United States or in Canada and any place
outside thereof to which tariffs in force in those countries apply. The tariffs
applicable to such carriage are available for inspection at the offices of
Carrier.2.4 GRATUITOUS CARRIAGEWith respect to
gratuitous carriage, Carrier reserves the right to exclude the application of
all or any part of these Conditions.

2.5
CHARTERSWith respect to carriage of cargo performed pursuant to a
charter agreement with Carrier, such carriage shall be subject to Carrier’s
charter tariffs applicable thereto (if any) and these Conditions shall not apply
except to the extent provided in said charter tariff. Where Carrier has no
charter tariff applicable to such Charter agreement, these Conditions shall
apply to such agreement except that Carrier reserves the right to exclude the
application of all or any part of these Conditions and, in case of divergence
between the applicable provisions of these Conditions and the conditions
contained or referred to in the charter agreement, the latter shall prevail and
the shipper, by accepting carriage pursuant to a charter agreement, whether or
not concluded with the shipper, agrees to be bound by the applicable terms
thereof.2.6 CHANGE WITHOUT NOTICEThese Conditions
and the published rates and charges are subject to change without notice except
to the extent otherwise provided by applicable law or government regulations or
order; provided however that no such change shall apply to a contract of
carriage after the date of issuance of the air waybill by Carrier or after the
date the rate or charge for the carriage has been entered in the shipment
record.

2.7 EFFECTIVE RULESAll carriage of cargo
governed by these Conditions shall be subject to Carrier’s rules, regulations
and tariffs in effect on the date of issuance of the air waybill by Carrier or
on the date of the shipment record, whichever is applicable, provided that in
the event of inconsistency between these Conditions and Carrier’s rules,
regulations and tariffs, these Conditions shall prevail.

ARTICLE 3 – ACCEPTABILITY OF GOODS FOR CARRIAGE

3.1 CARGO ACCEPTABLE

3.1.1
Carrier undertakes to transport, subject to the availability of suitable
equipment and space, all shipments, unless otherwise excluded by Carrier’s
regulations and provided:

3.1.1.1 the transportation, or the exportation
or importation, thereof is not prohibited by the laws or regulations of any
country to be flown from, to or over;

3.1.1.2 they are packed in a
manner suitable for carriage by aircraft;

3.1.1.3 they are
accompanied by the requisite shipping documents;

3.1.1.4 they are not
likely to endanger aircraft, persons or property, or cause annoyance to
passengers.

3.1.2 Carrier reserves the right without assuming
any liability to refuse carriage of cargo when circumstances so
require.

3.2 VALUATION LIMIT OF SHIPMENTCarrier may
refuse carriage of shipments having a declared value for carriage in excess of
the amount specified in Carrier’s regulations.

3.3 PACKING AND
MARKING OF CARGO

3.3.1 Shipper is responsible for ensuring
that the cargo is packed in an appropriate way for air carriage so as to ensure
that it can be carried safely with ordinary care in handling and so as to not
injure or damage any persons, goods or property. Each package shall be legibly
and durably marked with the name and full address of the shipper and
consignee.

3.3.2 Packages containing valuables as defined in Carrier’s
regulations must be sealed if so requested by Carrier, by a method approved by
Carrier.

3.4 CARGO ACCEPTABLE ONLY UNDER PRESCRIBED
CONDITIONSDangerous goods, live animals, perishables, fragile
goods, human remains, and other special cargo are acceptable only under the
conditions set forth in Carrier’s regulations applicable to the carriage of such
cargo.

3.5 RESPONSIBILITY FOR NON-OBSERVANCE OF CONDITIONS
RELATING TO SPECIAL CARGOResponsibility for non-observance of the
conditions relating to the carriage of special cargo rests with the shipper, who
shall indemnify the Carrier for any loss, damage, delay, liability or penalties
Carrier may incur because of carriage of any such cargo.

3.6
CARRIER’S RIGHT OF INSPECTIONCarrier reserves the right to examine
the packaging and contents of all shipments and to enquire into the correctness
or sufficiency of information or documents tendered in respect of any shipment
but Carrier shall be under no obligation to do so, and assumes no liability with
regard to such inspection or enquiry.

3.7 UNIT LOAD
DEVICESWhen shipper undertakes to load a Unit Load Device (ULD) he
must comply with Carrier’s loading instructions and shall be liable for and
indemnify Carrier against all consequences of any non-compliance with such
instructions.

ARTICLE 4 – DOCUMENTATION

4.1 AIR WAYBILLUnless Carrier agrees otherwise, the shipper shall make out, or have made out on his behalf, an
air waybill in the form, manner and number of copies prescribed by Carrier, and
shall delivery such air waybill to Carrier simultaneously with the acceptance of
the cargo by Carrier for carriage. However, charges for carriage and other
charges, insofar as they have been ascertained, shall be inserted in the air
waybill by Carrier. Carrier may require the shipper to make out, or have made
out on his behalf, separate air waybills when there is more than one
package.

4.2SHIPMENT
RECORDCarrier, with the express or implied consent of the shipper,
may substitute for the delivery of an air waybill a shipment record to preserve
a record of the carriage to be performed. If such shipment record is used
Carrier shall, if so requested by the shipper, deliver to the shipper in
accordance with Carrier’s regulations a receipt for the cargo permitting
identification of the shipment and access, in accordance with Carrier’s
regulations, to the information contained in the shipment
record.

4.3 APPARENT CONDITION/PACKING OF THE
CARGOIf the apparent order and condition of the cargo and/or
packing is in any way defective the shipper shall, if an air waybill is
delivered, include on the air waybill a statement of such apparent order and
condition. If no air waybill is delivered the shipper shall advise Carrier of
the apparent order and condition of the cargo, to enable Carrier to insert an
appropriate reference thereto in the shipment record. However, if the shipper
fails to include such statement in the air waybill or to advise Carrier of the
apparent order and condition of the cargo, or if such statement or advice is
incorrect, Carrier may include in the air waybill or insert in the shipment
record a statement of the apparent order and condition of the cargo, or note a
correction thereto, but Carrier is under no obligation to do
so.

4.4 PREPARATION, COMPLETION OR CORRECTION BY
CARRIERCarrier may at the request of the shipper, expressed or
implied, make out the air waybill, in which event, subject to proof to the
contrary, Carrier shall be deemed to have done so on behalf of the shipper. If
the air waybill handed over with the cargo or if the particulars or statements
relating to the cargo furnished by or on behalf of the shipper to Carrier for
insertion in the shipment record do not contain all the required particulars, or
if the air waybill or such particulars or statements contain any error, Carrier
is authorised to complete or correct the air waybill or particulars or
statements to the best of Carrier’s ability without being under any obligation
to do so.

4.5 RESPONSIBILITY FOR PARTICULARSThe
shipper is responsible for the correctness of the particulars and statements
relating to the cargo inserted by him or on his behalf in the air waybill or
furnished by him or on his behalf to Carrier for insertion in the shipment
record. Where such information is provided by means of Electronic Data
Interchange, it is the responsibility of the shipper or the shipper’s agent to
verify contents, accuracy and completeness of the EDI messages and subsequent
messages according to the agreed standards and specificiations. The shipper
shall indemnify Carrier against all damage suffered by him, or by any other
person to whom Carrier may be liable, by reason of the irregularity,
incorrectness or incompleteness of the particulars and statements furnished by
the shipper or on his behalf.

4.6 ALTERATIONSAir
waybills the writing on which has been altered or erased need not be accepted by
Carrier. If accepted by the Carrier, Carrier will be under no liability arising
from, or in respect of, such alterations or erasures.

ARTICLE 5 – RATES AND CHARGES

5.1 APPLICABLE RATES AND
CHARGESRates and charges for carriage governed by these Conditions
are those duly published by Carrier and in effect on the date of the issuance of
the air waybill by Carrier, or on the date the rate or charge for the carriage
has been entered in the shipment record.

5.2 BASIS OF RATES AND
CHARGESRates and charges will be based on the units of measurement
and subject to the rules and conditions published in Carrier’s regulations and
rate tariffs.

5.3 SERVICES NOT INCLUDED IN PUBLISHED RATES AND
CHARGESExcept as otherwise provided in Carrier’s regulations, rates
and charges apply only in respect of carriage from airport to airport and do not
include any ancillary service given by Carrier in connection with the
carriage.

5.4 PAYMENT OF CHARGES5.4.1 Rates and
charges are published in the currency shown in the applicable rate tariffs, and
may be paid in any currency acceptable to Carrier. When payment is made in a
currency other than the currency in which the rate or charge is published, such
payment will be made at the rate of exchange established for such purpose by
Carrier, the current statement of which is available for inspection at Carrier’s
office where payment is made. The provisions of this paragraph are subject to
applicable exchange laws and government regulations.

5.4.2 Full
applicable charges, whether prepaid or collect, fees, duties, taxes, charges,
advances and payments made or incurred or to be incurred by Carrier, and any
other sums payable to Carrier, will be deemed fully earned, whether or not the
cargo is lost or damaged, or fails to arrive at the destination specified in the
contract of carriage. All such charges, sums and advances will be due and
payable on receipt of the cargo by Carrier, except that they may be collected by
Carrier at any stage of the service performed under the contract of
carriage.

5.2.3 The shipper guarantees payment of all unpaid charges,
unpaid charges collect, advances and disbursements of Carrier. The shipper also
guarantees payment of all costs, expenditures, fines, penalties, loss of time,
damage and other sums which Carrier may incur or suffer by reason of the
inclusion in the shipment of articles the carriage of which is prohibited by
law, or the illegal, incorrect or insufficient marking, numbering, addressing
or packing of packages or descriptions of the cargo, or the absence, delay or
incorrectness of any export or import licence or any required certificate or
document, or any improper customs valuation, or incorrect statement of weight or
volume. Carrier shall have a lien on the cargo for each of the foregoing and,
in the event of non-payment thereof, shall have the right to dispose of the
cargo at public or private sale, (provided that prior to such sale Carrier shall
have mailed notice thereof to the shipper, or to the consignee at the address
stated in the air waybill or in the shipment record) and to pay itself out of
the proceeds of such sale any and all such amounts. No such sale shall,
however, discharge any liability to pay any deficiencies, for which the shipper
and the consignee shall remain jointly and severally liable. By taking delivery
or exercising any other right arising from the contract of carriage, the
consignee agrees to pay such charges, sums and advances, except prepaid
charges.

5.2.4 If the gross weight, measurement, quantity or declared
value of the cargo exceeds the gross weight, measurement, quantity or declared
value on which charges for carriage have been previously computed, Carrier shall
be entitled to require payment of the charge on such excess.

5.2.5
Charges collect shipments will be accepted only to countries listed in Carrier’s
regulations and subject to the conditions contained therein. In any event
Carrier reserves the right to refuse shipments on a charges collect basis to any
country where regulations prevent the conversion of funds into other currencies
or the transfer of funds to other countries. Information on countries to which
charges collect service is available may be obtained from offices and
representatives of Carrier.

5.2.6 All charges applicable to a shipment
are payable in cash at the time of acceptance thereof by Carrier in the case of
a prepaid shipment (ie, a shipment on which the charges are to be paid by the
shipper) or at the time of delivery thereof by the Carrier in the case of a
collect shipment (ie, a shipment on which the charges are to be paid by the
consignee).

5.2.7 Carrier may cancel the carriage of the shipment upon
refusal by the shipper, after demand by Carrier, to pay the charges or portion
thereof demanded, without Carrier being subject to any liability
therefor.

ARTICLE 6 – SHIPMENTS IN COURSE OF CARRIAGE

6.1 COMPLIANCE WITH GOVERNMENT
REQUIREMENTS6.1.1 The shipper shall comply with all applicable
laws, customs and other government regulations of any country to, from, through
or over which the cargo may be carried, including those relating to the packing,
carriage or delivery of the cargo, and shall, together with the shipment,
furnish such information and deliver such documents as may be necessary to
comply with such laws and regulations. Carrier shall not be obliged to enquire
into the correctness or sufficiency of such information or documents. Carrier
shall not be liable to the shipper or any other person for loss or expense due
to shipper’s failure to comply with this provision. The shipper shall be liable
to Carrier for any damage occasioned by the failure of the shipper to comply
with this provision.

6.1.2 Carrier shall not be liable for refusing to
carry any shipment if Carrier reasonably determines in good faith that such
refusal is required by any applicable law, government regulation, demand, order
or requirement.

6.2 DISBURSEMENTS AND CUSTOMS
FORMALITIESCarrier is authorised (but shall be under no obligation)
to advance any duties, taxes or charges and to make any disbursement with
respect to the cargo and the shipper and consignee shall be jointly and
severally liable for the reimbursement thereof. No carrier shall be under
obligation to incur any expense or make any advance in connection with the
forwarding or re-forwarding of cargo except against prepayment by the shipper.
If it is necessary to make customs entry of the cargo at any stopping place, and
no customs clearance agent has been named on the face of the air waybill or in
the shipment record, the cargo shall be deemed to be consigned to the Carrier
carrying the cargo to such place. For any such purpose a copy of the air
waybill, or shipment record, certified by Carrier shall be deemed
original.

6.3 SCHEDULES, ROUTINGS AND
CANCELLATIONS6.3.1 Times shown in Carrier’s timetables or
elsewhere are approximate and not guaranteed and form no part of the contract of
carriage. No time is fixed for commencement or completion of carriage or
delivery of cargo. Unless specifically agreed otherwise and so indicated in the
air waybill or shipment record, Carrier undertakes to carry the cargo with
reasonable despatch but assumes no obligation to carry the cargo by any
specified aircraft or over any particular route or routes, or to make
connections at any point according to any particular schedule. Carrier is
hereby authorised to select or deviate from the route or routes of the shipment,
notwithstanding that the same may be stated on the face of the air waybill or in
the shipment record. Carrier is not responsible for errors or omissions either
in timetables or in other representations of schedules. No employee, agent or
representative of Carrier is authorised to bind Carrier by any statements or
representations of the dates or times of departure or arrival, or of operation
of any flight.

6.3.3 Carrier
reserves the right, without notice, to cancel, terminate, divert, postpone,
delay or advance any flight, or the further carriage of any cargo, or to proceed
with any flight without all or any part of the cargo, if it considers that it
would be advisable to do so because of any fact beyond its control or not
reasonably to be foreseen, anticipated or predicted at the time the cargo was
accepted, or if it considers that any other circumstances so
require.

6.3.4 In the event any flight is so cancelled, diverted,
postponed, delayed or advanced, or is terminated at a place other than the place
of destination, or in the event the carriage of any shipment is so cancelled,
diverted, postponed, delayed, advanced or terminated, Carrier shall not be under
any liability with respect thereto. In the event the carriage of the shipment
or any part thereof is so terminated, delivery thereof by Carrier to any
transfer agent for transfer or delivery or the placing of such shipment in
storage shall be deemed complete delivery under the contract of carriage, and
Carrier shall be without any further liability with respect thereto, except to
give notice of the disposition of the shipment to the shipper or to the
consignee, at the address stated in the air waybill or shipment record. Carrier
may, but shall not be obliged to, forward the shipment for carriage by any other
route or forward the shipment as agent for the shipper or the consignee for
onward carriage by any transportation service on behalf of the shipper or the
consignee. The cost of doing so attaches to the cargo.

6.3.5 Subject
to applicable government laws, regulations and orders, Carrier is authorised to
determine the priority of carriage as between shipments, and as between cargo
and mail or passengers. Carrier may likewise decide to remove any articles from
a shipment, at any time or place whatsoever, and to proceed with the flight
without them. If as a result of determining such priority, cargo is not carried
or carriage thereof is postponed or delayed or if any articles are removed from
a shipment, Carrier will not be liable to shipper or any other party for any
consequence thereof.

6.4 CERTAIN RIGHTS OF CARRIER OVER SHIPMENT
IN COURSE OF CARRIAGEIf in the opinion of Carrier it is necessary
to hold the shipment at any place for any purpose, either before, during or
after carriage, Carrier may, upon giving notice thereof to the shipper, store
the shipment for the account and at the risk and expense of the shipper, in any
warehouse or other available place, or with the customs authorities, or Carrier
may deliver the shipment to another transportation service for onward carriage
to the consignee. The shipper shall indemnify Carrier against any expense or
risk so incurred.

ARTICLE 7 – SHIPPER'S RIGHT OF DISPOSITION

7.1 EXERCISE OF RIGHT OF
DISPOSITIONEvery exercise of the right of disposition must be made
by the shipper or his designated agent, if any, and must be applicable to the
whole shipment under a singe air waybill, or under a single shipment record.
The right of disposition over the cargo may only be exercised if the shipper or
such agent produces the part of the air waybill which was delivered to him, or
communicates such other form of authority as may be prescribed by Carrier’s
regulations. Instructions as to disposition must be given (in writing) in the
form prescribed by Carrier. In the event that the exercise of the right of
disposition results in a change of consignee, such new consignee shall be deemed
to be the consignee appearing on the air waybill or in the shipment
record.

7.2 SHIPPER’S OPTION

7.2.1 Subject to
his liability to carry out all his obligations under the contract of carriage
and provided that this right of disposition is not exercised in such way as to
prejudice Carrier or other shippers, the shipper may at his own expense dispose
of the cargo either:

7.2.1.1 by withdrawing it at the airport of
departure or of destination; or

7.2.1.2 by stopping it in the course
of the journey on any landing; or

7.2.1.3 by calling for it to be
delivered at the place of destination or in the course of the journey to a
person other than the consignee named in the air waybill or shipment record;
or

7.2.1.4 by requiring it to be returned to the airport of
departure;

7.2.2 Provided that, if in the opinion of Carrier, it is
not reasonably practicable to carry out the order of the shipper, Carrier shall
so inform him promptly.

7.3 PAYMENT OF EXPENSES The
shipper shall be liable for and shall indemnify Carrier for all loss or damage
suffered or incurred by Carrier as a result of the exercise of his right of
disposition. The shipper shall reimburse Carrier for any expenses occasioned by
the exercise of his right of disposition.

7.4 EXTENT OF SHIPPER’S
RIGHTThe shipper’s right of disposition shall cease at the moment
when, after arrival of the cargo at the destination, the consignee takes
possession or requests delivery of the cargo or air waybill, or otherwise shows
his acceptance of the cargo. Nevertheless, if the consignee declines to accept
the air waybill or the cargo, or if he cannot be communicated with, such right
of disposition shall continue to vest in the shipper.

ARTICLE 8 – DELIVERY

8.1 NOTICE OF
ARRIVALNotice of arrival of the shipment will, in the absence of
other instructions, be sent to the consignee and any other person whom Carrier
has agreed to notify as evidenced in the air waybill or shipment record: such
notice will be sent by ordinary methods. Carrier is not liable for non-receipt
or delay in receipt of such notice.

8.2 DELIVERY OF
SHIPMENTExcept as otherwise specifically provided in the air
waybill or shipment record, delivery of the shipment will be made only to the
consignee named therein, or his agent. Delivery to the consignee shall be
deemed to have been effected:

8.2.1 when Carrier has delivered to the
consignee or his agent any authorisation from Carrier required to enable the
consignee to obtain release of the shipment; and

8.2.2 when the
shipment has been delivered to customs or other government authorities as
required by applicable law or customs regulations.

8.3 PLACE OF
DELIVERYExcept as provided in Article 9.3, the consignee must
accept delivery of and collect the shipment at the airport of
destination.

8.4 FAILURE OF CONSIGNEE TO TAKE
DELIVERY8.4.1 Subject to the provisions of Article 8.5, if the
consignee refuses or fails to take delivery of the shipment after its arrival at
the airport of destination, Carrier will endeavour to comply with any
instructions of the shipper set forth on the face of the air waybill, or in the
shipment record. If such instructions are not so set forth or cannot reasonably
be complied with, Carrier shall notify the shipper of the consignee’s failure to
take delivery and request his instructions. If no such instructions are
received within thirty days, Carrier may sell the shipment in one or more lots
at public or private sale, or destroy or abandon such shipment.

8.4.2
The shipper is liable for all charges and expenses resulting from or in
connection with the failure to take delivery of the shipment, including, but not
limited to, storage charges, and carriage charges incurred in returning the
shipment if so required by the shipper’s instructions. If the shipment is
returned to the airport of departure and the shipper refuses or neglects to make
such payments within fifteen days after such return, Carrier may dispose of the
shipment or any part thereof at public or private sale after giving the shipper
ten days notice of its intention to do so.

8.5 DISPOSAL OF
PERISHABLES8.5.1 When a shipment containing perishable articles
as defined in Carrier’s regulations is delayed in the possession of Carrier, is
unclaimed or refused at place of delivery, or for other reasons is threatened
with deterioration, Carrier may immediately take such steps as it sees fit for
the protection of itself and other parties in interest, including but not
limited to the destruction or abandonment of all or any part of the shipment,
the sending of communications for instructions at the cost of the shipper, the
storage of the shipment or any part thereof at the risk and cost of the shipper,
or the disposition of the shipment or any part thereof at public or private sale
without notice.

8.5.2 In the event of the sale of the shipment as
provided for above, either at the place of destination or at the place to which
the shipment has been returned, Carrier is authorised to pay to itself and other
transportation services out of the proceeds of such sale all charges, advances
and expenses of Carrier and other transportation services plus costs of sale,
holding any surplus subject to the order of the shipper. A sale of any shipment
shall, however, not discharge the shipper and/or owner of any liability
hereunder to pay any deficiencies.

8.6 By accepting
delivery of the air waybill and/or the shipment, the consignee shall become
liable for payment of all costs and charges in connection with carriage. Unless
otherwise agreed the shipper shall not be released from his own liability for
these costs and charges and will remain jointly and severally liable with the
consignee. Carrier may make delivery of the shipment or the air waybill
conditional upon payment of these costs and charges.

ARTICLE 9 – PICK-UP AND DELIVERY SERVICES

9.1 SHIPMENTSShipments
are accepted for carriage from their receipt at Carrier’s cargo terminal or
airport office at the place of departure to the airport at the place of
destination.

9.2 AVAILABILITY OF SERVICEPick-up
service and delivery service will be available at the points, to the extent and
subject to the rates and charges established for such services in accordance
with the applicable regulations of Carrier.

9.3 REQUEST FOR
SERVICEPick-up service, if available, will be provided when
requested by the shipper. Except when otherwise provided by Carrier’s tariffs,
delivery service may be provided unless contrary instructions are given by the
shipper or by the consignee. Such contrary instructions must be received by
Carrier prior to removal of the shipment from Carrier’s airport terminal at
destination. Where Carrier arranges at the request of the shipper or consignee
for pick-up or delivery services to be provided by third parties, it does so as
the agent of whichever of the shipper or consignee has requested the provision
of such services.

9.4 SHIPMENT FOR WHICH SERVICE IS
UNAVAILABLEPick-up service and delivery will not be provided by
Carrier without special arrangement for any shipment which, in the opinion of
the Carrier, because of its volume, nature, value or weight is impractical for
Carrier to handle in normal course.

9.5 LIABILITYIf
pick-up service or delivery service is performed by or on behalf of Carrier,
such surface transportation shall be upon the same terms as to liability as set
forth in Article 11 hereof. In any other circumstance, Carrier shall arrange
pick-up and delivery service only as the agent of the shipper or consignee
respectively.

ARTICLE 10 – SUCCESSIVE CARRIERS

10.1 Carriage to be performed under
one contract of carriage by several successive carriers is regarded as a single
operation.

ARTICLE 11 – CARRIER'S LIABILITY

11.1 Carrier is liable to the
shipper, consignee or any other person for damage sustained in the event of
destruction or loss of, or damage to, or delay in the carriage of cargo only if
the occurrence which caused the damage so sustained took place during the
carriage, which for such purposes shall comprise the period during which the
cargo is in the charge of Carrier, or in the charge of its agent pursuant to the
performance of the contract of carriage.

11.2 Except as
may be otherwise provided in any applicable Convention, Carrier is not liable to
the shipper, consignee or any other person for any damage, delay or loss of
whatsoever nature arising out of, or in connection with, the carriage of cargo
or other services performed by Carrier, unless such damage, delay or loss is
proved to have been caused by the negligence or wilful default of Carrier and
there has been no contributory negligence on the part of the shipper, consignee
or other claimant.

11.3 Carrier is not liable if the
destruction, loss of or damage to cargo is proved to have resulted solely from
the inherent defect, quality, nature or vice of that
cargo.

11.4 Carrier will not be liable for any loss,
damage or expense arising from death due to natural causes or death or injury of
any animal caused by the conduct or acts of the animal itself or of other
animals such as biting, kicking, goring or smothering, nor for that caused or
contributed to by the condition, nature or propensities of that animal, or by
defective packing of the animal, or by the inability of the animal to withstand
unavoidable changes in its physical environment inherent in the carriage by
air.

11.5 Carrier shall not be liable in any event for
consequential loss or damage arising from carriage subject to these Conditions,
whether or not Carrier had knowledge that such loss or damage might be
incurred.

11.6 If the damage was caused or contributed
to by the negligence or other wrongful act or omission of the person claiming
compensation, or the person from whom he derives his rights, Carrier shall be
wholly or partly exonerated from liability to the claimant to the extent that
such negligence or wrongful act or omission caused or contributed to the
damage.

11.7 Unless the shipper has made a special
declaration of value for carriage and has paid the supplementary sum applicable,
liability of Carrier shall not exceed the applicable Convention limit or, if no
Convention applies, 17 Special Drawing Rights per kilogram of cargo destroyed,
lost, damaged or delayed. If the shipper has made a special declaration of
value for carriage, it is agreed that any liability shall in no event exceed
such declared value for carriage stated on the face of the air waybill or
included in the shipment record. All claims shall be subject to proof of
value.

11.8 In the case of loss, damage or delay of part
of the shipment, or of any object contained therein, the weight to be taken into
consideration in determining the amount to which Carrier’s liability is limited
shall only be the weight of the package or packages concerned. Nevertheless,
when the loss, damage or delay of part of the shipment, or of an object
contained therein, affects the value of other packages covered by the same air
waybill, the total weight of such package or packages shall also be taken into
consideration in determining the limit of liability. In the absence of proof to
the contrary, the value of any such part of the shipment lost, damaged or
delayed as the case may be shall be determined by reducing the total value of
the shipment in the proportion that the weight of that part of the shipment
lost, damaged or delayed has to the total weight of the
shipment.

11.9 The shipper, owner and consignee whose
property causes damage to or destruction of another shipment or the property of
Carrier, or death or bodily injury of any person, shall indemnify Carrier for
all losses and expenses incurred by Carrier as a result thereof. Cargo which,
because of inherent defect, quality or vice or because of defective packing, is
likely to endanger aircraft, persons or property may be abandoned or destroyed
by Carrier at any time without notice and without liability therefor attaching
to Carrier.

11.10 A carrier issuing an air waybill for
carriage over the lines of another carrier does so only as agent for such other
carrier. Any reference in a shipment record to carriage to be performed by
another carrier shall be deemed to refer to carriage to be provided as principal
by such other carrier. No carrier shall be liable for the loss, damage or delay
of cargo not occurring on its own line except that the shipper shall have a
right of action for such loss, damage or delay on the terms herein provided
against the first carrier and the consignee or other person entitled to delivery
shall have such a right of action against the last carrier under the contract of
carriage.

11.11 Whenever the liability of Carrier is
excluded or limited under these Conditions, such exclusion or limitation shall
apply to agents, servants and representatives of Carrier and also to any Carrier
whose aircraft is used for carriage.

ARTICLE 12 – LIMITATIONS ON CLAIMS AND ACTIONS

12.1 Receipt by the
person entitled to delivery of the cargo without complaint is prima facie
evidence that the same has been delivered in good condition and in accordance
with the contract of carriage.

12.2 No action shall be
maintained in the case of loss of or damage to goods unless a complaint is made
to Carrier in writing by the person entitled to delivery. Such complaint shall
be made:

12.2.1 in the case of visible damage to or
partial loss of the goods, immediately after its discovery and at the latest
within 14 days from the date of receipt of the goods;

12.2.2 in the
case of other damage to the goods, within 14 days from the date of receipt of
the goods;

12.2.3 in the case of delay, within 21 days from the date
on which the goods were placed at the disposal of the person entitled to
delivery within the meaning of Article 8.2;

12.2.4 in the case of
non-delivery of the goods, within 120 days of the date of issue of the air
waybill or the date of the shipment record, whichever is
applicable.

12.3 Any right to damages against
Carrier shall be extinguished unless an action is brought within two years after
the occurrence of the events giving rise to the claim.

ARTICLE 13 – OVERRIDING LAW

13.1 Insofar as any provision contained or
referred to in the air waybill or shipment record or these Conditions may be
contrary to mandatory law, government regulations, orders or requirements, such
provision shall remain applicable to the extent that it is not overridden
thereby. The invalidity of any such provision shall not affect any other
part.

ARTICLE 14 – MODIFICATION AND WAIVER

14.1 No agent, servant or representative
of Carrier has authority to alter, modify or waive any provision of the contract
of carriage or of these Conditions.